San Diego’s City Council has successfully overridden the mayor’s veto of a Earned Sick Leave & Minimum Wage Ordinance (#20390). It is scheduled to take effect January 1, 2015.
The Ordinance imposes several requirements for employers: paying a minimum wage higher than the California State minimum wage of $9.00 per hour, mandatory employee earned sick leave accrual, as well as, notice and posting requirements, all of which are outlined below.
Minimum Wage Details: Section 39.0107.
Beginning January 1 –
- 2015, the minimum wage will be $9.75.
- 2016, the minimum wage will be $10.50
- 2017, the minimum wage will be $11.50
- Starting January 1, 2019 and each year thereafter the minimum wage increases by an amount corresponding to the prior year’s increase, if any, in the cost of living. The City will announce the adjusted minimum wage by October 1 of each year, and it will become effective as the new minimum wage on January 1 of the succeeding year. In the event the federal or California minimum wage is increased above the level of the minimum wage in force under this Ordinance, the minimum wage under this Ordinance will be increased to match the higher federal or California wage, effective on the same date the increase in the federal or California minimum wage takes effect.
Accrual of Earned Sick Leave Details: Section 39.0105
(b) Employers must provide an employee with one (1) hour of Earned Sick Leave for every thirty (30) hours worked by an employee who performs work within the geographic boundaries of the City.
(d) Earned Sick Leave begins to accrue at the commencement of employment or on April 1, 2015 whichever is later, and an employee is entitled to begin using Earned Sick Leave on the ninetieth (90) calendar day following commencement of his/her employment or on July 1, 2015, whichever is later. After the ninetieth (90) calendar day of employment or after July 1, 2015, whichever is later, such employee may use Earned Sick Leave as it is accrued.
Notice and Posting:
Every employer must conspicuously post the Minimum Wage and Earned Sick Leave notice at any workplace or job site where any employee works. The notice must be posted in English and any other language as dictated by the federal Voting Rights Act and spoken by at least 5% of the employees at the job site.
Every employer must also provide each employee at the time of hire, or by April 1, 2015, whichever is later, written notice of the employer’s name, address, and telephone number and the employer’s requirements under the section. The notice must be provided to the employee in English and the employee’s primary language, if it is a language dictated by the Federal Voting Rights Act and spoken by at least 5% of the employee’s at the job site. Employers may provide this notice through an accessible electronic communication in lieu of a paper notice.
Although the Ordinance is effective January 1, 2015, the City has until April 1, 2015 to make the Official Minimum Wage and Earned Sick Leave Notice available. Compliance Poster Company’s HR Research and Compliance Team will update this blog once more is made known about the posting notice. Stay tuned.